Proper Counselling and Consent of Patient for Medicolegal Aspects and Importance of Documentation

Abstract

Earlier it was believed that revealing information to patient and giving all information regarding a fatal disease may lead to mental instability and depression. So physician used to conceal actual facts and provide minimum information about a fatal disease for better management of patient. Physician was the absolute authority to decide treatment without proper prior information to patient. In modern day practice this philosophy is no longer acceptable. Patient has all the right to know about his disease and he is the ultimate decision maker regarding his or her treatment. Concealing information may lead to court proceeding against physician. In a case in the USA a patient consented for operation in the right ear, but during surgery surgeon noticed that, the condition of left ear was much worse than right one. He operated on left ear, later the surgeon was summoned to the supreme court of Minnesota in 1905, and was found guilty. In another case in 1914 a surgeon removed a malignant tumour against patient’s will. The surgeon was found guilty by the court. The crux of this judgement was that every human being of an adult age and sound mind has the right to decide about what should be done to his body.